| 
 |  | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0240   Introduced , by Rep. Thomas M. Bennett  SYNOPSIS AS INTRODUCED:
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 |   520 ILCS 5/2.26 |  from Ch. 61, par. 2.26 |   
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 Amends the Wildlife Code. Provides that a person with a valid concealed carry license issued under the Firearm Concealed Carry Act, or an off-duty law enforcement official or officer, may carry a handgun on or about his or her person while hunting. Effective immediately.
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 |  | HB0240 |  | LRB101 04614 SLF 49622 b |  
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| 1 |  |  AN ACT concerning wildlife.
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| 2 |  |  Be it enacted by the People of the State of Illinois,
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| 3 |  | represented in the General Assembly:
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| 4 |  |  Section 5. The Wildlife Code is amended by changing Section  | 
| 5 |  | 2.26 as follows:
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| 6 |  |  (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
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| 7 |  |  Sec. 2.26. Deer hunting permits. Any person attempting to  | 
| 8 |  | take deer shall first obtain a "Deer
Hunting Permit" issued by  | 
| 9 |  | the Department in accordance with its administrative rules.
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| 10 |  | Those rules must provide for the issuance of the following  | 
| 11 |  | types of resident deer archery permits: (i) a combination  | 
| 12 |  | permit, consisting of one either-sex permit and one  | 
| 13 |  | antlerless-only permit, (ii) a single antlerless-only permit,  | 
| 14 |  | and (iii) a single either-sex permit. The fee for a Deer  | 
| 15 |  | Hunting Permit to take deer with either bow and arrow or gun
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| 16 |  | shall not exceed $25.00 for residents of the State. The  | 
| 17 |  | Department may by
administrative rule provide for non-resident  | 
| 18 |  | deer hunting permits for which the
fee will not exceed $300 in  | 
| 19 |  | 2005, $350 in 2006, and $400 in 2007 and thereafter except as  | 
| 20 |  | provided below for non-resident landowners
and non-resident  | 
| 21 |  | archery hunters. The Department may by
administrative rule  | 
| 22 |  | provide for a non-resident archery deer permit consisting
of  | 
| 23 |  | not more than 2 harvest tags at a total cost not to exceed $325  | 
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| 1 |  | in 2005, $375 in 2006, and $425 in 2007 and thereafter.
The  | 
| 2 |  | fees for a youth resident and non-resident archery deer permit  | 
| 3 |  | shall be the same. 
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| 4 |  |  The standards and specifications for use of guns and bow  | 
| 5 |  | and arrow for
deer hunting shall be established by  | 
| 6 |  | administrative rule.
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| 7 |  |  No person may have in his or her possession any firearm not  | 
| 8 |  | authorized by
administrative rule for a specific hunting season  | 
| 9 |  | when taking deer. However, a person with a valid concealed  | 
| 10 |  | carry license issued under the Firearm Concealed Carry Act, or  | 
| 11 |  | an off-duty law enforcement official or officer, may carry a  | 
| 12 |  | handgun on or about his or her person while hunting.
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| 13 |  |  Persons having a firearm deer hunting permit shall be  | 
| 14 |  | permitted to
take deer only during the period from 1/2 hour  | 
| 15 |  | before sunrise to
1/2 hour after sunset, and only during those  | 
| 16 |  | days for which an open season is
established for the taking of  | 
| 17 |  | deer by use of shotgun, handgun, or muzzle
loading
rifle.
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| 18 |  |  Persons having an archery deer hunting permit shall be  | 
| 19 |  | permitted to
take deer only during the period from 1/2 hour  | 
| 20 |  | before sunrise to 1/2 hour
after sunset, and only during those  | 
| 21 |  | days for which an open season is
established for the taking of  | 
| 22 |  | deer by use of bow and arrow.
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| 23 |  |  It shall be unlawful for any person to take deer by use of  | 
| 24 |  | dogs,
horses, automobiles, aircraft or other vehicles, or by  | 
| 25 |  | the use
or aid of bait or baiting of any kind. For the purposes  | 
| 26 |  | of this Section, "bait" means any material, whether liquid or  | 
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| 1 |  | solid, including food, salt, minerals, and other products,  | 
| 2 |  | except pure water, that can be ingested, placed, or scattered  | 
| 3 |  | in such a manner as to attract or lure white-tailed deer.  | 
| 4 |  | "Baiting" means the placement or scattering of bait to attract  | 
| 5 |  | deer. An area is considered as baited during the presence
of  | 
| 6 |  | and for 10 consecutive days following the removal of bait.  | 
| 7 |  | Nothing in this Section shall prohibit the use of a dog to  | 
| 8 |  | track wounded deer. Any person using a dog for tracking wounded  | 
| 9 |  | deer must maintain physical control of the dog at all times by  | 
| 10 |  | means of a maximum 50 foot lead attached to the dog's collar or  | 
| 11 |  | harness. Tracking wounded deer is permissible at night, but at  | 
| 12 |  | no time outside of legal deer hunting hours or seasons shall  | 
| 13 |  | any person handling or accompanying a dog being used for  | 
| 14 |  | tracking wounded deer be in possession of any firearm or  | 
| 15 |  | archery device. Persons tracking wounded deer with a dog during  | 
| 16 |  | the firearm deer seasons shall wear blaze orange or solid blaze  | 
| 17 |  | pink color as required. Dog handlers tracking wounded deer with  | 
| 18 |  | a dog are exempt from hunting license and deer permit  | 
| 19 |  | requirements so long as they are accompanied by the licensed  | 
| 20 |  | deer hunter who wounded the deer.
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| 21 |  |  It shall be unlawful to possess or transport any wild deer  | 
| 22 |  | which has
been injured or killed in any manner upon a public  | 
| 23 |  | highway or public
right-of-way of this State unless exempted by  | 
| 24 |  | administrative rule.
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| 25 |  |  Persons hunting deer must have gun unloaded and no bow and  | 
| 26 |  | arrow
device shall be carried with the arrow in the nocked  | 
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| 1 |  | position during
hours when deer hunting is unlawful.
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| 2 |  |  It shall be unlawful for any person, having taken the legal  | 
| 3 |  | limit of
deer by gun, to further participate with gun in any  | 
| 4 |  | deer hunting party.
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| 5 |  |  It shall be unlawful for any person, having taken the legal  | 
| 6 |  | limit
of deer by bow and arrow, to further participate with bow  | 
| 7 |  | and arrow in any
deer hunting party.
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| 8 |  |  The Department may prohibit upland game hunting during the  | 
| 9 |  | gun deer
season by administrative rule.
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| 10 |  |  The Department shall not limit the number of non-resident,  | 
| 11 |  | either-sex archery deer hunting permits to less than 20,000.
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| 12 |  |  Any person who violates any of the provisions of this  | 
| 13 |  | Section,
including administrative rules, shall be guilty of a  | 
| 14 |  | Class B misdemeanor.
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| 15 |  |  For the purposes of calculating acreage under this Section,  | 
| 16 |  | the Department shall, after determining the total acreage of  | 
| 17 |  | the applicable tract or tracts of land, round remaining  | 
| 18 |  | fractional portions of an acre greater than or equal to half of  | 
| 19 |  | an acre up to the next whole acre.  | 
| 20 |  |  For the purposes of taking white-tailed deer, nothing in  | 
| 21 |  | this Section shall be construed to prevent the manipulation,  | 
| 22 |  | including mowing or cutting, of standing crops as a normal  | 
| 23 |  | agricultural or soil stabilization practice, food plots, or  | 
| 24 |  | normal agricultural practices, including planting, harvesting,  | 
| 25 |  | and maintenance such as cultivating or the use of products  | 
| 26 |  | designed for scent only and not capable of ingestion, solid or  | 
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| 1 |  | liquid, placed or scattered, in such a manner as to attract or  | 
| 2 |  | lure deer. Such manipulation for the purpose of taking  | 
| 3 |  | white-tailed deer may be further modified by administrative  | 
| 4 |  | rule.  | 
| 5 |  | (Source: P.A. 99-642, eff. 7-28-16; 99-869, eff. 1-1-17;  | 
| 6 |  | 100-691, eff. 1-1-19; 100-949, eff. 1-1-19; revised 10-9-18.)
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| 7 |  |  Section 99. Effective date. This Act takes effect upon  | 
| 8 |  | becoming law. 
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